New Jersey Revised Statutes Title 33 - Intoxicating Liquors

• Section 33:1-1 - Definitions.
  33:1-1. For the purpose of this chapter, the following words and terms shall be deemed to have the meanings herein given to them: a."Alcohol."...
• Section 33:1-1.1 - Presumption As To Fitness For Beverage Purposes And Alcoholic Content
  In any proceeding for any violation of this chapter, or any ordinance or resolution enacted pursuant thereto, any alcohol, beer, lager beer, ale, porter,...
• Section 33:1-2 - License Required, Terms; Personal Use; Brand Registration; Fees.
  33:1-2. a. It shall be unlawful to manufacture, sell, possess with intent to sell, transport, warehouse, rectify, blend, treat, fortify, mix, process, bottle or...
• Section 33:1-3 - Alcoholic Beverage Control
  It shall be the duty of the Director of the Division of Alcoholic Beverage Control in the Department of Law and Public Safety to...
• Section 33:1-3.1 - Short Title; Findings, Declarations
  a. Title 33 of the Revised Statutes (R.S. 33:1-1 et seq.) shall be known and may be cited as the "New Jersey Alcoholic Beverage...
• Section 33:1-4 - Appointment Power Of Director
  The director is hereby empowered: a. To maintain suitable headquarters for said division and such other offices and establishments within the State as he...
• Section 33:1-4.1 - Use Of Funds Collected As Fees, Penalties
  14. All fees and penalties collected by the Director of the Division of Alcoholic Beverage Control pursuant to the provisions of Title 33 of...
• Section 33:1-5 - Boards Of Alcoholic Beverage Control In Municipalities Of 15,000 Inhabitants Or More, Appointment, Term, Etc.
  Each municipality now or hereafter having a population of fifteen thousand or more, according to Federal or State census, may establish in and for...
• Section 33:1-5.4 - Secretary To Board Of Alcoholic Beverage Control
  Any board of alcoholic beverage control established pursuant to section 33:1-5 of the Revised Statutes may, with the approval of the governing board or...
• Section 33:1-6 - Only Eligible Persons To Be Appointed
  No person shall be appointed to any office, position or employment under this chapter unless he is eligible as hereinbefore defined but clerical employees...
• Section 33:1-7 - Officers And Employees Not To Be Interested In Liquor Industry; Acceptance Of Gifts
  No person appointed to any office, position or employment under this chapter while holding said office, position or employment, shall directly or indirectly, individually...
• Section 33:1-8 - Form Of Official Bonds; Force And Effect
  All bonds made or furnished by any person appointed to any office, position or employment under this chapter, except the commissioner, shall be given...
• Section 33:1-9 - Classes Of Licenses
  Licenses shall be of the following classes: Class A--Manufacturer's license. Class B--Wholesaler's license. Class C--Retailer's license. Class D--Transportation license. Class E--Public warehouse license.
• Section 33:1-10 - Class A Licenses; Subdivisions; Fees.
  33:1-10. Class A licenses shall be subdivided and classified as follows: Plenary brewery license. 1a. The holder of this license shall be entitled, subject...
• Section 33:1-10.1 - Taxes Collected, Paid.
  2.The taxes collected and paid pursuant to the licenses issued pursuant to R.S.33:1-10 shall be governed by the provisions of the "State Uniform Tax...
• Section 33:1-11 - Class B Alcoholic Licenses; Subdivisions, Classifications; Fees.
  33:1-11. Class B licenses shall be subdivided and classified as follows: Plenary wholesale license. 1. The holder of this license shall be entitled, subject...
• Section 33:1-11.1 - Sales By Class A Or Class B Licensees To Organizations Of Army, Navy Or Air Force Personnel
  The holder of any valid and unrevoked Class A or Class B license, as defined in sections 33:1-10 and 33:1-11 of the Revised Statutes,...
• Section 33:1-11.2 - Definitions
  For the purposes of this act, the following phrases shall be deemed to have the meanings herein given to them: (a) Foreign person--a person...
• Section 33:1-11.3 - Foreign Persons Holding Class B Licenses; Sales To Resident Retail Licensees Prohibited; Exception
  No foreign person holding a Class B license in this State shall sell or distribute alcoholic beverages directly to any retail licensee within this...
• Section 33:1-11.4 - Inapplicability To Foreigners Who Also Hold Class A License
  The provisions of this act shall not apply to any foreign person holding a Class B license who also holds a Class A license....
• Section 33:1-11.5 - Revocation Or Suspension Of License
  If, in the opinion of the director, privileges conferred by any Class B license, whether held by a resident person or a foreign person,...
• Section 33:1-11.6 - Active Use Required For Renewal; Fee
  2. No State beverage distributor's license, as defined in subsection c. of section 2 of R.S.33:1-11, shall be renewed if it has not been...
• Section 33:1-12 - Class C Licenses; Classifications; Fees.
  33:1-12. Class C licenses shall be subdivided and classified as follows: Plenary retail consumption license. 1. The holder of this license shall be entitled,...
• Section 33:1-12a - Posting Of Notice Required.
  1.A person who holds a Class C license, except a plenary retail transit license, or a club license shall ensure that a warning notice...
• Section 33:1-12b - $50 Fine
  3. A person who fails to comply with the provisions of this act may be subject to a fine of $50. L.1993,c.43,s.3.
• Section 33:1-12c - Definitions Relative To Alcoholic Beverage Tastings And Samplings.
  2.As used in this act: "Sample" means a small amount of an alcoholic beverage. "Sampling" means a licensee or permittee offering a sample to...
• Section 33:1-12d - Terms, Conditions Relative To Consumer Wine, Beer And Spirits Tasting Events And Samplings.
  3.The following terms and conditions shall apply to consumer wine, beer, and spirits tasting events and samplings conducted by or on the premises of...
• Section 33:1-12.13 - Renewal Licenses; New Licenses
  For the purposes of this act any license for a new license term, which is issued to replace a license which expired on the...
• Section 33:1-12.14 - New Retail Licenses; Limitation.
  2.Except as otherwise provided in this act, no new plenary retail consumption or seasonal retail consumption license shall be issued in a municipality unless...
• Section 33:1-12.15 - Municipalities Under 1000, Licenses In
  Nothing in this act shall prevent the issuance and existence of one plenary or seasonal retail consumption license and one plenary retail distribution license...
• Section 33:1-12.16 - Renewal Or Transfer Of Existing Licenses
  Nothing in this act shall prevent the renewal of licenses existing on the effective date of this act, or the transfer of such licenses...
• Section 33:1-12.17 - Seasonal Retail Consumption Licenses To Persons Who Had Licenses In Previous Season; Transfer
  Nothing in this act shall be deemed to prevent the issuance of a new seasonal retail consumption license to a person who held such...
• Section 33:1-12.18 - Issuance Of New License Permitted To Applicants Filing Within One Year Of Expiration; Fee.
  6. a. Except as provided in subsection d. of this section, in any case in which a timely renewal was not filed, nothing in...
• Section 33:1-12.19 - New License Where Licensee Served In Armed Forces
  Nothing in this act shall prevent the issuance, in a municipality, of a new license to a person who, having held a license of...
• Section 33:1-12.20 - Licensure Of Certain Hotels, Motels.
  8. a. Nothing in this act shall prevent the issuance, in a municipality, of a new license to a person who operates a hotel...
• Section 33:1-12.20a - Licenses Contingent On Completion Of Construction; Rights Of Holder
  Nothing in this act shall affect the right of the holder of any license issued or approved for issuance, contingent on completion of construction...
• Section 33:1-12.21 - Municipal Regulations Limiting Number Of License, Act Is In Addition To
  This act is in addition to and not in exclusion of municipal regulations, limiting the number of licenses to sell alcoholic beverages at retail,...
• Section 33:1-12.22 - Effective Date
  This act shall take effect May fifteenth, one thousand nine hundred and forty-seven. L.1947, c. 94, p. 503, s. 10.
• Section 33:1-12.22a - License Transferred To Spouse And Surrendered During Licensee's Service In Armed Forces; New License
  Nothing in the act to which this act is a supplement shall prevent the issuance, in a municipality, of a new license to sell...
• Section 33:1-12.22b - Sixth Class Counties; Retail Licensees Who Served In Armed Forces And Permitted License To Lapse; Issuance Of License
  In any county of the sixth class, any person who held a license to sell alcoholic beverages at retail for a period of two...
• Section 33:1-12.23 - Sale And Display For Off-premises Consumption
  The holder of a plenary retail consumption license or a seasonal retail consumption license, after the effective date of this act, may sell and...
• Section 33:1-12.24 - Municipalities In Which Sale For Consumption On Premises Is Prohibited, Effect Of Act In
  Nothing in this act shall be deemed to limit the sale and display for sale of alcoholic beverages in original containers for consumption off...
• Section 33:1-12.25 - Hotel Guests, Sale And Delivery To
  Nothing in this act shall be deemed to prohibit the lawful sale and delivery of alcoholic beverages in original containers by the holder of...
• Section 33:1-12.26 - Renewal Of Expired Or Expiring License, What Is; New Licenses
  For the purposes of this act any license for a new license term, which is issued to replace a license which expired on the...
• Section 33:1-12.27 - New Limited Retail Distribution License; Issuance
  No new limited retail distribution license shall be issued in any municipality after this act becomes effective, except as provided in section four of...
• Section 33:1-12.28 - Renewal Of Existing Limited Retail Distribution Licenses
  Nothing in this act shall prevent the renewal of limited retail distribution licenses existing on the effective date of this act, or the transfer...
• Section 33:1-12.29 - New Limited Retail Distribution License Within 60 Days After Expiration Of Renewal Period
  Nothing in this act shall be deemed to prevent the issuance of a new limited retail distribution license to a person who files application...
• Section 33:1-12.30 - Death Of Licensee And Cessation Of Business; Issuance Of New License In Place Of Voided License
  In any municipality wherein not more than one retail consumption license and not more than one plenary retail distribution license may be issued pursuant...
• Section 33:1-12.31 - Acquisition Of Beneficial Interest In More Than Two Retail Licenses Prohibited
  On and after the effective date of this act no person, as the same is defined in R.S. 33:1-1, shall, except as hereinafter provided,...
• Section 33:1-12.32 - Alcoholic Beverage Licenses.
  2.The provisions of this act shall not apply to the acquisition of an additional license or licenses or an interest therein, when such license...
• Section 33:1-12.33 - Inheritance Of Beneficial Interest In Retail License; Time Within Which To Comply With Act
  Whenever a person shall acquire a beneficial interest in a retail license from the estate of a decedent which results in such person having...
• Section 33:1-12.34 - Membership In Organization Holding Club License
  Membership in any organization which is or may become the holder of a club license shall not constitute acquisition of an interest in a...
• Section 33:1-12.35 - Right To Continue To Hold, Use And Renew Existing Licenses
  Nothing in this act shall affect the right of any holder of retail licenses heretofore acquired to continue to hold, use and renew such...
• Section 33:1-12.36 - Corporate Licenses
  Nothing in this act shall affect (a) the right of any person having a beneficial interest in a retail license or licenses to hold...
• Section 33:1-12.37 - Violation; Penalty
  Any person violating any provision of this act or of any rule or regulation issued pursuant to this act shall be punished by a...
• Section 33:1-12.38 - Rules And Regulations
  The Director of the Division of Alcoholic Beverage Control may adopt from time to time such rules and regulations as shall be necessary or...
• Section 33:1-12.39 - Active Use Required For Renewal Of Class C License; Fee
  1. No Class C license, as the same is defined in R.S.33:1-12, shall be renewed if the same has not been actively used in...
• Section 33:1-12.40 - Findings, Declarations
  The Legislature finds and declares that: a. The retail alcoholic beverage industry is one of the most highly regulated industries of the State, controlled...
• Section 33:1-12.41 - Definitions
  As used in this act: "Division" means the Division of Alcoholic Beverage Control in the Department of Law and Public Safety. "Director" means the...
• Section 33:1-12.42 - Plenary Retail Licensees Required To Complete Educational Program
  If the Director determines to establish an educational program pursuant to section 4 of this act, all holders of a plenary retail or limited...
• Section 33:1-12.43 - Establishment Of Educational Programs For Plenary Retail Licensees
  The director may, in the director's discretion, establish initial and supplemental educational programs for plenary retail and limited retail distribution licensees and shall grant...
• Section 33:1-12.44 - Educational Program, Scheduling, Attendance, Curriculum, Fees
  If an educational program is established by the director pursuant to section 4 of this act, the director shall by regulation determine: a. The...
• Section 33:1-12.45 - Contract With Non-profit Educational Organization To Provide Educational Program
  In order to meet the requirements and intent of this act on the most cost effective basis, the director may contract with a non-profit...
• Section 33:1-12.46 - Completion Of Educational Program Required Within Nine Months
  All plenary retail and limited retail distribution licensees shall be required to successfully complete the initial educational program within nine months of the effective...
• Section 33:1-12.47 - Certificate Of Completion Of Educational Program Required For License Renewal
  Upon application for renewal of any plenary retail or limited retail distribution license, the licensee shall present to the licensing authority the certificate of...
• Section 33:1-12.48 - Rules, Regulations
  The director shall promulgate rules and regulations necessary to effectuate the purposes of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1...
• Section 33:1-12.49 - Issuance Of Special Permits To Serve Alcoholic Beverages In "Qualifying Development Projects."
  1. a. The Director of the Division of Alcoholic Beverage Control may issue one or more special permits to one or more individual corporations...
• Section 33:1-12.50 - Special Retail Consumption, Distribution Licensing In Qualifying Development Projects.
  1. a. The Director of the Division of Alcoholic Beverage Control may issue special retail consumption licenses to one or more individual corporations or...
• Section 33:1-12.51 - Rules, Regulations.
  2.The Director of the Division of Alcoholic Beverage Control may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and...
• Section 33:1-13 - Class D, Transportation Licenses; Fees.
  33:1-13. Class D licenses shall be as follows: Transportation license. The holder of this license shall be entitled, subject to rules and regulations, to...
• Section 33:1-14 - Class E Licenses; Subdivisions; Fees.
  33:1-14. Class E licenses shall be subdivided and classified as follows: Public warehouse license. 1. The holder of this license shall be entitled, subject...
• Section 33:1-15 - Separate License For Each Warehouse, Salesroom Or Office
  Any licensee entitled to maintain a warehouse or salesroom shall, if approved by the commissioner, secure a separate license for each additional warehouse or...
• Section 33:1-16 - One License For Premises Located In More Than One Municipality; Division Of Fee; Number Of Licenses
  Whenever it shall appear that a building or premises to be licensed is located in more than 1 municipality, whether originally so constructed or...
• Section 33:1-17 - Licensee To Give Bond; Custody Of Bonds
  Before any Class A, Class B, Class D or Class E license shall be issued, each such licensee shall give a bond to the...
• Section 33:1-17.1 - Requirement Of Alcoholic Beverage Retail Licensee Clearance Certificate
  2. An alcoholic beverage retail license or license that confers the right to sell alcoholic beverages to consumers shall not be issued, renewed or...
• Section 33:1-18 - Director To Administer Issuance Of Certain Licenses.
  33:1-18. It shall be the duty of the director to administer the issuance of manufacturers', wholesalers', plenary retail transit, sporting facility, vendor, transportation and...
• Section 33:1-19 - Municipal Board Or Body To Administer Issuance Of Certain Licenses; "Other Issuing Authority" Construed
  It shall be the duty of the governing board or body of each municipality, except in such municipalities as shall have created municipal boards...
• Section 33:1-19.1 - Issuance Of New, Additional Licenses, Publication Of Notice.
  1.Whenever a municipality is authorized to issue one or more new or additional plenary retail consumption, seasonal retail consumption or plenary retail distribution licenses...
• Section 33:1-19.2 - Issuance Of License After Publication Of Notice
  The provisions of this act shall not be construed to require the issuance of any license or licenses with respect to which a notice...
• Section 33:1-19.3 - Issuance To Highest Qualified Bidder; Public Sale; Qualifications
  Whenever a municipality is authorized to issue one or more plenary retail consumption, seasonal retail consumption or plenary retail distribution licenses and the governing...
• Section 33:1-19.4 - Bids; Notice And Invitation; Publication; Contents; Announcement Of Qualified Applicants
  If a governing body determines to conduct a sale pursuant to this act notice thereof and an invitation to bid shall be published in...
• Section 33:1-19.5 - Issuance Of License Or Rejection Of All Bids; Postponement Or Cancellation Of Sale; Disposition Of Funds
  Upon the conclusion of a sale the issuing authority shall issue a license to the highest qualified bidder therefor upon payment of his bid...
• Section 33:1-19.6 - Inapplicability Of Act To Powers Of Issuing Authority; Appeals
  Nothing in this act shall limit or restrict any issuing authority in the reasonable exercise of any of its powers over the issuance of...
• Section 33:1-19.7 - Plenary Retail Consumption License, Nonprofit Theater
  1. It shall be lawful for the governing board or body of any municipality, upon the approval of the Director of the Division of...
• Section 33:1-20 - License To Member Of Issuing Authority Issued Only By Director; Additional Fee
  No license other than a club license shall be issued under this chapter by any issuing authority to any member thereof or to any...
• Section 33:1-22 - Appeal To Director From Action Of Issuing Authority; Fee; Procedure
  33:1-22. If the other issuing authority shall refuse to issue any license, or if the other issuing authority shall refuse to extend the license...
• Section 33:1-23 - Enumeration Of Duties Of Commissioner
  It shall be the duty of the commissioner to administer and enforce this chapter and administer the department of alcoholic beverage control; to make...
• Section 33:1-23.1 - Regulation By Commissioner Of Sales In Violation Of Fair Trade Contract
  The State Commissioner of Alcoholic Beverage Control is hereby vested with the following powers to be exercised in such manner as will assist in...
• Section 33:1-24 - Duties Of Municipal Authorities Issuing Licenses
  It shall be the duty of each other issuing authority to receive applications for such licenses as such other issuing authority is authorized to...
• Section 33:1-24.1 - Findings, Declarations Relative To Issuance Of Special Licenses To Serve Alcoholic Beverages In Smart Growth Development Projects.
  1.The Legislature finds and declares that: a.Smart growth is an innovative approach to land use planning that directs the State's resources and funding to...
• Section 33:1-24.2 - Definitions Relative To Issuance Of Special Licenses To Serve Alcoholic Beverages In Smart Growth Development Projects; Issuance, Conditions; Fees.
  2. a. As used in this act: "Smart growth development project" or "project" means a development project that: (1)Is located in a smart growth...
• Section 33:1-24.3 - Acquisition, Sale Of Inactive Plenary Retail Consumption Licenses.
  3. a. Notwithstanding the provisions of section 1 of P.L.1977, c.246 (C.33:1-12.39), a municipality in which is located an urban enterprise zone as designated...
• Section 33:1-25 - Issuance Of License, Application, Qualifications; Criminal Record Background Check, Fee.
  33:1-25. No license of any class shall be issued to any person under the age of 18 years or to any person who has...
• Section 33:1-25.1 - Peace Officers; Right To Leadership Or Titular Position In Nonprofit Organization With Club License
  Nothing within the provisions of Title 33 of the Revised Statutes or any regulation promulgated by the Division of Alcoholic Beverage Control in the...
• Section 33:1-25.2 - Nonprofit Organization; Use Of Name Other Than Peace Officer As Licensee
  Any nonprofit organization holding a club license shall name as the licensee a person other than a regular police officer, peace officer or any...
• Section 33:1-26 - License, Terms, Transfer; Fee.
  33:1-26. All licenses shall be for a term of one year from July 1 in each year. The respective fees for any such license...
• Section 33:1-26.1 - Peace Officers; Employment In Business Licensed To Sell Alcoholic Beverages
  Nothing within the provisions of Title 33 of the Revised Statutes or any regulation promulgated pursuant thereto by the Division of Alcoholic Beverage Control...
• Section 33:1-27 - Fee For Issuance Of License; Exceptions
  33:1-27. Any statute or exemption to the contrary notwithstanding, no license shall be issued to any person except upon payment of the full fee...
• Section 33:1-28 - Transportation Of Alcoholic Beverages By Licensees
  33:1-28. Licensees, except public warehouse licensees, may transport alcoholic beverages in their own vehicles, solely, however, for their own respective business in connection with...
• Section 33:1-28a - Special Permit
  The Director of the Division of Alcoholic Beverage Control or, pursuant to rules and regulations, any designated agent of the director, may issue a...
• Section 33:1-29 - Regulation Of Use Of Alcoholic Beverages By Druggists And Hospitals; Sales To
  Druggists and pharmacists duly registered under the laws of this state as such may, upon their respective registered premises as aforesaid, without license hereunder,...
• Section 33:1-30 - Sale Of Alcohols Unfit For Use As Beverages; Preparations And Products Excepted; Violations; Misdemeanor
  This chapter is not designed to prohibit sales of denatured alcohol and alcoholic mixtures or composition or articles of commerce containing alcohol which are...
• Section 33:1-31 - Suspension, Revocation Of License
  33:1-31. Any license, whether issued by the director or any other issuing authority, may be suspended or revoked by the director, or the other...
• Section 33:1-31.1 - Automatic Suspension Of License Upon Conviction Of Violation; Effect Of Appeal
  Upon conviction of violation of any of the provisions of this chapter, any license held at the time of said conviction pursuant to this...
• Section 33:1-31.2 - Application For Removal Of Statutory Disqualification; Fee.
  33:1-31.2. Any person convicted of a crime involving moral turpitude may, after the lapse of five years from the date of conviction, apply to...
• Section 33:1-32 - Conditions To Issuance Of License
  Subject to rules and regulations, each issuing authority by resolution, first approved by the commissioner, may impose any condition or conditions to the issuance...
• Section 33:1-33 - Refusal Of License To Persons Failing To Pay Tax Or License Fee; Bond Or Cash Deposit
  No license shall be issued to any person to whom a license shall have been issued under an act entitled "An act concerning the...
• Section 33:1-34 - Notice Of Change In Facts Set Forth In Application; Corporations
  Whenever any change shall occur in the facts as set forth in any application for license, the licensee shall file with the director and...
• Section 33:1-35 - Investigations, Inspections, Searches And Examinations; Examination Of Witnesses; Subpoenas; Procedure On Failure To Obey; Powers Of Deputy Directors
  The Director of the Division of Alcoholic Beverage Control and each other issuing authority may make, or cause to be made, such investigations as...
• Section 33:1-36 - Service Of Subpoenas
  Each chief of police, or other official who for the time being shall exercise the functions of the office of chief of police, of...
• Section 33:1-37 - Seal; Authentication; Fee; Inspection Of Records; Certification Of Facts And Findings
  The commissioner shall adopt an official seal. Copies of any act, rule, regulation, order or decision made by him and of any paper or...
• Section 33:1-38 - Commissioner To Hear Appeals; Powers On Appeal; Execution Of Orders
  The commissioner is hereby empowered and it is his duty to hear and conduct all appeals provided for by this chapter and thereupon to...
• Section 33:1-39 - Rules And Regulations By Commissioner; Subjects Covered
  The commissioner may make such general rules and regulations and such special rulings and findings as may be necessary for the proper regulation and...
• Section 33:1-39.1 - Reciprocal Rules And Regulations With Other States
  The commissioner may make such reciprocal rules and regulations and special rulings pertaining to any one or more states designated therein as may be...
• Section 33:1-39.2 - Regulation Of Sales To Consumers
  The Director of the Division of Alcoholic Beverage Control shall, in accordance with R.S. 33:1-39, make and promulgate such rules and regulations with respect...
• Section 33:1-40 - Municipal Regulation Of Number Of Retail Licenses, Hours Of Sale, Etc.
  The governing board or body of each municipality may, as regards said municipality, by ordinance, limit the number of licenses to sell alcoholic beverages...
• Section 33:1-40.3 - Sale Of Wine And Malt Alcoholic Beverages In Original Containers
  1. Whenever the sale of alcoholic beverages for consumption on the premises and off the premises or either thereof is authorized in any municipality...
• Section 33:1-41 - Appeal From Limitation Of Number Of Retail Licenses Or Hours Of Sale
  If any person affected or who might be affected by any limitation of the number of licenses or of the hours between which sales...
• Section 33:1-42 - Sales In Public Buildings Of State Or Political Subdivisions Prohibited; Exceptions
  No sales of alcoholic beverages shall be made in any public buildings belonging to or under the control of the state or any political...
• Section 33:1-43 - Alcoholic Beverage Retailing Restrictions
  33:1-43. a. It shall be unlawful for any owner, part owner, stockholder or officer or director of any corporation, or any other person whatsoever...
• Section 33:1-43a - Limited Right Of Wholesaler To Acquire Interest In Corporation
  Nothing in this act shall affect the right of any person having any interest whatsoever in the wholesaling in this State of alcoholic beverages,...
• Section 33:1-43.1 - Loans Or Furnishing Of Fixtures To Retail Licensee By Brewer Prohibited; Exceptions
  No owner, part owner, stockholder, officer or director of any corporation or any other person whatsoever interested in any way whatsoever in any brewery...
• Section 33:1-43.2 - Services, Items, Equipment, Availability To Retailers, Conditions.
  10. a. Manufacturers, importing entities or wholesalers, as these terms are defined in R.S.33:1-1, or third parties at the direction of manufacturers, importing entities...
• Section 33:1-44 - Municipal Referendum On Retail Sales Of Alcoholic Beverages Except Brewed Malt And Fermented Wine
  Whenever a petition, signed by at least fifteen per centum (15%) of the qualified electors of any municipality as evidenced by the total number...
• Section 33:1-45 - Municipal Referendum On Retail Sales Of All Kinds Of Alcoholic Beverages
  Whenever a petition signed by at least fifteen per centum (15%) of the qualified electors of any municipality as evidenced by the total number...
• Section 33:1-45.1 - Club License Where Vote Was "No" In Referendum; Duration Of Act
  It shall be lawful for the municipal issuing authority of any municipality in which a referendum has been held pursuant to the provisions of...
• Section 33:1-46 - Municipal Referendum On Retail Sales Of Alcoholic Beverages, Except For Consumption On Trains, Airplanes And Boats
  Whenever a petition, signed by at least fifteen per centum (15%) of the qualified electors of any municipality as evidenced by the total number...
• Section 33:1-46.1 - Club License; Authority To Issue After Municipal Referendum
  It shall be lawful for the governing board or body of any municipality in which a referendum has been held pursuant to the provisions...
• Section 33:1-46.2 - Special Permits To Golf And Country Clubs; License Fee
  The director may, subject to rules and regulations, issue special permits to a constituent unit, chartered or otherwise duly enfranchised chapter or member club...
• Section 33:1-46.3 - Powers Granted Director Cumulative
  Nothing in this act shall be deemed to limit or modify any powers otherwise granted by law to the director. L.1945, c. 55, p....
• Section 33:1-47 - Municipal Referendum On Sunday Sales
  Whenever a petition, signed by at least fifteen per centum (15%) of the qualified electors of any municipality as evidenced by the total number...
• Section 33:1-47.1 - Municipal Referendum On Hours Of Retail Sales
  Whenever a petition, signed by at least fifteen per centum (15%) of the qualified electors of any municipality as evidenced by the total number...
• Section 33:1-48 - Municipal Boards Certified To Commissioner
  All municipal boards created under this chapter shall be certified to the commissioner in writing under seal of the municipality, if any, and attested...
• Section 33:1-49 - Purchase Of Illicit Beverage; Misdemeanor
  No person, except an officer, or other person authorized by and acting pursuant to instructions from such officer, so doing in the course of...
• Section 33:1-50 - Manufacture, Sale, Possession, Etc., In Violation Of Chapter; Misdemeanor
  Any person who shall: a. Manufacture, sell, distribute, bottle, rectify, blend, treat, fortify, mix, process, warehouse or transport any alcoholic beverage in violation of...
• Section 33:1-51 - Other Violations Of Chapter; Misdemeanor
  Any person who shall knowingly violate any of the other provisions of this chapter shall be guilty of a misdemeanor and punished by a...
• Section 33:1-52 - Aiding In Violations; Misdemeanor
  Any person who shall knowingly aid or abet another in the violation of this chapter shall be guilty of a misdemeanor punishable in the...
• Section 33:1-53 - Conviction Of Second Offense
  In case any person shall, after conviction of an offense under this chapter, be convicted of another offense under this chapter, such other and...
• Section 33:1-54 - Violation Upon Leased Premises; Termination Of Lease; Notice; Summary Proceedings
  Any violation of this chapter upon any leased premises by any lessee or sublessee, or by any other person with the knowledge and consent...
• Section 33:1-55 - Maintenance Of Place Where Unlawful Property Is Kept, Manufactured Or Sold
  No person shall knowingly keep, occupy or maintain any premises, building, vehicle or place whatsoever wherein unlawful property is owned, possessed, kept, stored, manufactured,...
• Section 33:1-56 - Issuing Search Warrant; Private Dwellings
  Any magistrate, hereinafter termed the "issuing magistrate" , may issue a search warrant in the manner hereinafter provided, to search any premises, building, vehicle...
• Section 33:1-57 - Prerequisites To Issuance Of Search Warrant; Contents; Service
  A search warrant shall only issue after (1) proof under oath, which may be by written affidavit or deposition, has been produced before the...
• Section 33:1-58 - Breaking And Entry In Execution Of Warrant
  The officer or officers to whom the search warrant is directed may break open any outer or inner door or window of any premises,...
• Section 33:1-59 - Service Of Warrant In Nighttime
  No search warrant shall be served in the nighttime except for special cause shown to the satisfaction of the issuing magistrate and upon insertion...
• Section 33:1-60 - Execution And Return Of Warrant; Time Limit
  Every search warrant shall be executed and returned to the issuing magistrate within forty-eight hours after its issuance, after which time, unless executed, it...
• Section 33:1-61 - Receipt For And Inventory Of Property Seized
  Any officer who shall seize any property under a search warrant shall give a copy of the warrant, together with an itemized receipt for...
• Section 33:1-62 - Return Of Illegally Seized Property
  In case any person shall be deprived of any property, or the possession of any property, under color of any search warrant, except substantially...
• Section 33:1-63 - Resisting Officer Serving Or Executing Search Warrant; Misdemeanor
  Any person who shall knowingly and willfully obstruct, resist or oppose any officer or person assisting an officer, in serving or executing, or attempting...
• Section 33:1-64 - Procuring Search Warrant Without Probable Cause; Misdemeanor
  Any person who shall maliciously and without probable cause procure a search warrant to be issued and executed shall be guilty of a misdemeanor.
• Section 33:1-65 - Search Without Warrant; Misdemeanor
  Any person who shall intentionally search any private dwelling occupied exclusively for dwelling purposes, without a warrant therefor, or who shall maliciously and without...
• Section 33:1-66 - Seizure Of Unlawful Property; Bond Or Cash For Return; Replevin; Forfeiture, Sale, Etc., Of Unclaimed Property; Hearing; Certain Property Subject To Seizure; Manufacture, Sale, Etc., Of Unlawful Property; Return Of Seized Property; Liens Upon Seized Property
  a. Any officer knowing, or having reasonable cause to believe, that any person is engaged in unlawful alcoholic beverage activity, it shall be his...
• Section 33:1-67 - Solicitor's Permit Required; Exceptions; Issuance; Fee; Violations; Penalty
  No individual shall offer for sale or solicit any order in the State for the purchase or sale of any alcoholic beverage, whether such...
• Section 33:1-68 - Detention Of Evidence
  Nothing in this chapter contained shall prohibit the detention of evidence pursuant to law.
• Section 33:1-69 - Place Of Sale; Determination
  In case of sale of an alcoholic beverage in which a delivery is accompanied by transportation, whether by a common carrier or otherwise, the...
• Section 33:1-70 - Each Violation Separate Offense; Name Of Purchaser Unnecessary In Affidavits, Indictments, Etc.
  Every violation of this chapter shall constitute a separate offense. In any affidavit, information, complaint or indictment for a violation of this chapter, separate...
• Section 33:1-71 - Officers To Use Diligence; Arrests
  To the end that local police and other enforcing agencies shall enforce this chapter in the interest of economy and effective control, all officers...
• Section 33:1-72 - Sale Of Warehouse Receipts; License Required; Fee.
  33:1-72. The sale of receipts, certificates, contracts or other documents given upon the storage of alcoholic beverages is prohibited, except under and pursuant to...
• Section 33:1-73 - Intention And Construction Of Law
  This chapter is intended to be remedial of abuses inherent in liquor traffic and shall be liberally construed.
• Section 33:1-74 - Temporary Permits; Fees.
  33:1-74. a. To provide for contingencies where it would be appropriate and consonant with the spirit of this chapter to issue a license but...
• Section 33:1-75 - Special Permits Authorizing Manufacture Of Wines In An Instructional Winemaking Facility.
  33:1-75. a. (Deleted by amendment, P.L.2011, c.169). b.The director may, subject to rules and regulations, issue special permits authorizing the manufacture of wines in...
• Section 33:1-75.1 - Certain Persons Permitted To Manufacture Wine, Malt Alcoholic Beverages At Home, Noncommercial Premises.
  2. a. A person who is 21 years of age or older may manufacture within a home or other noncommercial premises wines or malt...
• Section 33:1-76 - Sales Within 200 Feet Of Church Or School Prohibited; Waiver; Exceptions
  Anything to the contrary hereinbefore notwithstanding, and for the benefit not of property but of persons attendant therein, no license shall be issued for...
• Section 33:1-76.1 - Renewal Or Reissuance Of Club Or Class B Wholesale License Granted On Waiver
  Notwithstanding the provisions of section 33:1-76 of the Revised Statutes if a club or Class B (wholesale) license has been or shall be granted...
• Section 33:1-76.2 - Plenary Or Limited Retail Distribution Licenses; Renewal On Annual Waivers For 15 Or More Years; Effect
  Notwithstanding the provisions of Revised Statutes 33:1-76 if a plenary or limited retail distribution license has been or shall be granted on a waiver...
• Section 33:1-77 - Defenses Of Sellers
  33:1-77. Anyone who sells any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages is a disorderly person; provided, however,...
• Section 33:1-78 - Bottling Without License; Misdemeanor
  Any person, except a person holding a brewery, distillery, winery or rectifier's license under this chapter, who shall bottle alcoholic beverages for sale or...
• Section 33:1-79 - Licensees To Purchase And Sell Alcoholic Beverages Of Certain Manufacturers Only
  No licensee hereunder may purchase or sell any alcoholic beverages unless the same shall have been manufactured by manufacturers licensed as such hereunder, or,...
• Section 33:1-80 - Issue Of Stamps, Labels, Etc.; Fees
  Subject to rules and regulations, the commissioner may issue to foreign manufacturers and to persons licensed under this chapter, stamps, labels and other indicia...
• Section 33:1-81 - Misrepresenting Age To Induce Sale Or Delivery To Minor; Disorderly Person
  33:1-81. It shall be unlawful for: (a) A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the...
• Section 33:1-81.1 - Hearing; Attendance By Parent Or Guardian; Subpoena
  In any hearing for a violation of section 33:1-81 of the Revised Statutes the court in its discretion may require the attendance at such...
• Section 33:1-81.1a - Violations By Parent, Guardian, Notification, Fine
  A parent, guardian or other person having legal custody of a person under 18 years of age found in violation of R.S.33:1-81 or section...
• Section 33:1-81.2 - Identification Card; Contents
  1.The county clerk in any county shall before the effective date of P.L.2003, c.175 issue, upon application of any resident of that county who...
• Section 33:1-81.7 - Transfer Of Card; Penalty
  It shall be unlawful for the owner of an identification card, as defined by this act, to transfer said card to any other person...
• Section 33:1-81.8 - Alcoholic Beverage Licensee Not Relieved From Liabilities By Presentation
  The fact of the possession or presentation of the identification card prescribed by this act by any person in connection with the purchase or...
• Section 33:1-85 - Retail Licensees To Sell Or Possess Alcohol Only Pursuant To Special Permit
  No retail licensee shall sell, offer for sale or possess in or upon the licensed premises nor shall any person sell or offer for...
• Section 33:1-86 - Punishment For Violating Section 33:1-85
  Any person who sells or offers for sale, or any retail licensee who sells, offers for sale or possesses alcohol in violation of this...
• Section 33:1-87 - Exemptions From Provisions Of Act
  Nothing herein contained shall apply to the sale or possession of alcohol which is not intended for beverage purposes and has been denatured or...
• Section 33:1-88 - Alcoholic Beverage Deemed Prima Facie Illicit; No Label; False Label; No Indicia Of Tax Payment
  Any alcoholic beverage in any keg, barrel, can, bottle, flask or similar container shall, in any proceeding under the chapter which this act supplements,...
• Section 33:1-89 - Discrimination In Price To Retailers Prohibited
  It shall be unlawful for any manufacturer, wholesaler, or other person privileged to sell to retailers to discriminate in price, directly or indirectly, between...
• Section 33:1-90 - Discounts, Rebates Or Other Allowances To Retailers
  It shall be unlawful for any manufacturer, wholesaler, or other person privileged to sell to retailers to grant, directly or indirectly, to any retailer...
• Section 33:1-91 - Participation In Unlawful Transactions Prohibited
  It shall be unlawful for any manufacturer, wholesaler, retailer and for any of their stockholders, officers, directors and employees, to participate, directly or indirectly,...
• Section 33:1-92 - Penalties
  Violation of this act shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more...
• Section 33:1-93 - Regulation Of Sales To Retailers
  The Director of the Division of Alcoholic Beverage Control is hereby vested with power to promulgate such rules and regulations on the following subjects...
• Section 33:1-93.6 - Discrimination In Sales To Wholesalers
  There shall be no discrimination in the sale of any nationally advertised brand of alcoholic beverage other than malt alcoholic beverage, by importers, blenders,...
• Section 33:1-93.7 - Refusal To Sell; Hearing; Fee
  2. In the event any such importer, blender, distiller, rectifier or winery shall refuse to sell alcoholic beverages, other than malt alcoholic beverages, to...
• Section 33:1-93.8 - Order To Complete Sale To Wholesaler
  If the director shall determine that said refusal to sell is discriminatory and shall be satisfied with the ability of the wholesaler to pay...
• Section 33:1-93.9 - Noncompliance With Director's Order
  In the event said importer, blender, distiller, rectifier or winery refuses to complete said sale or to comply with the terms of the director's...
• Section 33:1-93.10 - Rules And Regulations
  The director shall adopt and promulgate such rules and regulations as may be necessary to carry out and insure compliance with the provisions of...
• Section 33:1-93.11 - Repeal
  "An act concerning alcoholic beverages, and supplementing chapter 1 of Title 33 of the Revised Statutes," approved June 25, 1942, is repealed. L.1966, c....
• Section 33:1-93.12 - Short Title.
  1.Sections 1 through 9 of this act shall be known and may be cited as the "Malt Alcoholic Beverage Practices Act." L.2005,c.243,s.1.
• Section 33:1-93.13 - Findings, Declarations Relative To Malt Alcoholic Beverages.
  2.The Legislature finds and declares that: a.The distribution and sale of malt alcoholic beverages in this State vitally affects the general economy and revenues...
• Section 33:1-93.14 - Definitions Relative To Malt Alcoholic Beverages.
  3.As used in sections 1 through 9 of this act: "Base product" is a malt alcoholic beverage product distributed by a wholesaler. "Brand extension"...
• Section 33:1-93.15 - Contract, Agreement Between Brewer And Wholesaler.
  4. a. Every brewer shall contract and agree in writing with a wholesaler for all supply, distribution and sale of the products of the...
• Section 33:1-93.16 - Termination Of Contract, Agreement By Brewer, Conditions.
  5.Notwithstanding the provisions of paragraphs (1) through (3) of subsection c. of section 4 of this act, a brewer may immediately terminate a contract...
• Section 33:1-93.17 - Representation Of Brewer By Wholesaler, Standards.
  6.During the term of a contract or agreement between a brewer and a wholesaler subject to this act, the wholesaler shall, in accordance with...
• Section 33:1-93.18 - Actions Against Brewer, Remedies.
  7. a. Any brewer or wholesaler may bring an action against a brewer for violation of this act, or against a successor brewer in...
• Section 33:1-93.19 - Nonseverability Of Act, Application Or Not Of Franchise Practices Act.
  8.If any material provision within any section of this act is held invalid, the remainder of this act and the act as a whole...
• Section 33:1-93.20 - Justification For Input By Brewer Into Operations Of Wholesaler; Conditions, Terms.
  9.The Legislature finds that where a brewer's products represent more than 20% of a wholesaler's gross sales and the brewer and wholesaler have a...
• Section 33:1-94 - Retail Regulations By Municipalities To Be Governed By Ordinance Only
  No regulation concerning the sale, transportation, delivery, serving, mixing, distribution, storing or possession of alcoholic beverages at retail, or the conduct of any business...
• Section 33:1-96 - Licenses For New License Terms Deemed Renewals
  Any license for a new license term, which is issued to replace a license which expired on the last day of the license term...
• Section 33:1-97 - Special Auction Permit To Nonprofit Organization; Fee, Duration
  1. a. The director may issue a special auction permit to any nonprofit organization operating solely for civic, religious, educational, charitable, fraternal, social or...
• Section 33:2-1 - Stills And Distilling Apparatus Registered With Commissioner; Powers Of Commissioner; Definitions
  Every person having in his possession or custody or under his control any still or any distilling apparatus set up, dismantled or in the...
• Section 33:2-2 - Stills Not Registered Declared Unlawful Property
  Any such still or distilling apparatus or parts thereof not registered pursuant to section 33:2-1 of this title, together with all articles, implements or...
• Section 33:2-3 - Seizure Of Unregistered Stills; Search Warrant; Arrest Of Offenders
  Any officer knowing or having reasonable cause to believe that any still or distilling apparatus or any parts thereof constitute such unlawful property, it...
• Section 33:2-4 - Hearing By Commissioner; Notice
  When any property is seized pursuant to section 33:2-3 of this title, the commissioner within fifteen days of such seizure shall cause to be...
• Section 33:2-5 - Forfeiture And Sale Of Seized Property; Padlocking Premises
  If after such hearing the commissioner determines that the seized property constitutes such unlawful property he shall declare such property forfeited and may, in...
• Section 33:2-6 - Director's Determination In Form Of Order; Review
  The determination of the director shall be in the form of an order which shall be subject to review by the Superior Court by...
• Section 33:2-7 - Return Of Seized Property; Costs
  The commissioner, upon being satisfied that the seized property does not constitute unlawful property, shall return the same to the person or place from...
• Section 33:2-8 - Accounting For Moneys
  All moneys received by the commissioner under this chapter shall be accounted for as in the case of license fees.
• Section 33:2-9 - Violating Padlocking Order; Misdemeanor
  Any person who shall knowingly violate any order of the commissioner that a building or premises shall not be occupied or used for any...
• Section 33:2-10 - Failure To Register Still; Misdemeanor
  Any person who shall have in his possession or custody or under his control any still or distilling apparatus set up, dismantled, or in...
• Section 33:2-11 - Unregistered Stills In Actual Operation Declared Nuisance; Destruction
  Any still not registered pursuant to this chapter in actual operation in the manufacture of illicit beverages or set up for such purpose, is...
• Section 33:3-9 - Manufacture, Sale, Etc., Of Poisoned Liquors; Penalty
  Any person, corporation, partnership or member of any association or any agent, servant or employee of any person, corporation, partnership or member of any...
• Section 33:3-10 - Sale, Etc. Of Poisoned Liquors Causing Serious Injury Or Death; Penalty; Certain Laws Unaffected
  Any person, corporation, partnership or member of any association or any agent, servant or employee of any person, corporation, partnership or member of any...
• Section 33:4-1 - Commission Created; Purpose And Powers
  The Commissioner of Alcoholic Beverage Control, the Commissioner of Institutions and Agencies, the Commissioner of Education and the Director of Health, are hereby constituted...

Last modified: October 11, 2016